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State v. Burroughs

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NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued March 6, 2002

The repeat offender section of New Jersey’s drunk driving law imposes enhanced penalties with each succeeding conviction. However, if a second offense occurs more than ten years after the defendant’s first offense, he is to be treated as a first offender for sentencing purposes, and if a third offense occurs more than ten years after the defendant’s second offense, he is to be treated as a second offender for sentencing purposes. At issue here is whether the defendant is to be subject to second or third offender treatment where more than ten years elapsed between his first and second drunk driving offenses but less than ten years elapsed between his second and third drunk driving offenses. We hold that the Law Division was correct in requiring that defendant be sentenced as a third offender.

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